ConCourt overturns law student’s life sentence
Publish date: 23 May 2022
Issue Number: 977
Diary: IBA Legalbrief Africa
Category: South Africa
A law student who stabbed two Pretoria police officers, claiming he thought they were criminals out to rob him, has succeeded in having his murder conviction and life sentence overturned by the Constitutional Court. TimesLIVE reports that Liqhayiya Tuta was initially found guilty of stabbing the officers, who were in civilian clothes, when they tried to subdue him after a chase in Sunnyside in 2018. Tuta appealed the life sentence he was given by the Gauteng High Court (Pretoria) the following year, arguing he acted in self-defence and was not aware at the time that constables Kenneth Sithole and Lawrence Magalefa were policemen. Advocate Tembeka Ngcukaitobi argued in the Constitutional Court in February that an intervention by the trial judge which prevented Tuta’s cross-examination had resulted in a trial irregularity that led to ‘an unsafe conviction’. The Constitutional Court ordered the prison facility he is in to release him with immediate effect. ‘The appeal is upheld and the conviction and sentence are set aside,’ the two-page order stated. It did not immediately furnish reasons for the decision, but said they would be furnished at a later date.